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The boss of a popular seafront restaurant has been ordered to remove a glass enclosure built without planning permission to seat outdoor diners.
Mehmet Dari erected the 'extension' outside the front of A La Turka in Central Parade, Herne Bay in the summer of 2019.
But following a Canterbury City Council probe he was forced to apply three months ago for retrospective permission for the glazed shelter, which has a capacity for 30 customers.
However, the bid has now been rejected by planning officers because the structure "encroaches" onto land Kent County Council has access rights to, preventing the authority reaching services and utilities below ground.
As such, a notice has been served on Mr Dari to remove the enclosure or face enforcement action.
Mr Dari says taking down the shelter would see him "lose half my restaurant", adding he is confused by what he sees as an aggressive move by the authorities.
The businessman, who also runs the Grapevine wine and meze bar and Sunset Fish Bar in the town, said: "I’ve been in Herne Bay for 25 years, I love it, I want to make it better.
"But instead of appreciating the time and money I’ve spent trying to improve the area, instead of giving us any help, all we get is this aggression against us.
"The council said that where we put the shelter is owned by the council, then we proved that it is owned by us, but now they’re saying that they have a right to protect the public.
"What does that even mean?"
In 2017 Mr Dari applied for planning permission to install a retractable roof terrace awning with "full-height glazing" at A La Turka, but this was refused on the grounds it would "result in visual harm to the character and appearance of Herne Bay Conservation Area".
Later that year revised plans to install three awnings, without glass screens, above the existing outdoor seating area were later approved.
Then in August 2019, after Mr Dari bought the freehold to the building, glazing to enclose the covered area was erected without permission at a cost of about £20,000.
Last month the city council refused the retrospective bid for the development after KCC said it would be "at odds with the public interest".
Commenting on the application, a representative for KCC Highways wrote: "The structure encroaches on Highway Land that Kent County Council have access rights to, to enable us to access services and utilities below the footway.
"A permanent, fixed structure would prevent us from being able to access these services, which is required 24 hours a day, 365 days a year.
"Non-permanent structures, that can be removed at the end of each day, may be acceptable."
"The proposal therefore fails to take into account the needs to access services and utilities below the footway under the structure, at odds with the public interest."
On the decision, a KCC spokesperson added: “Following the refusal of this application, a notice has been served requesting the structure on the footway land is removed.”
Mr Dari believes the order is uncalled for and is hoping that some agreement can be reached with the local authority.
"If they need access then we would let them in," said the businessman, who also has A La Turka branches in Canterbury and Ramsgate, and is set to launch another in Whitstable.
"The councillors themselves have come and enjoyed meals here, I don't know why it's an issue now.
"Someone has maybe complained. There are some people who are jealous of my success and they always complain, whatever I do.
"If I have to take down the glazing I will lose almost half of my restaurant, and all the wind and rain will be coming in. Sometimes we get horrible rain.
"It's going to affect the business and it's going to affect the area. It’s a bad picture for everyone - for me, the town and my workers."
Last summer, Mr Dari bought a parcel of land next to A La Turka for £500,000 with the intention of building a £4 million boutique hotel.
Until the plans are submitted and approved, he is using the plot as an outdoor seating area, having installed glass pods.
Further along the seafront he has plans for a new fish restaurant called The Cookhouse at the foot of the pier.